Fredrikson & Byron, P.A.

Law firm where law and business meet, based in Minneapolis with offices in Bismarck, Des Moines, Fargo, Mexico and Shanghai, China.

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Iowa Employment Law Blog

Iowa Supreme Court Reverses $4.5 Million Verdict in Age and Disability Case on Narrow Grounds, Passing Up the Opportunity to Decide Whether Emotional Distress Award was Excessive

By Patrick Smith

June 14, 2019

In July 2017, a jury in Poweshiek County, Iowa returned a verdict against Grinnell Regional Medical Center (GRMC) for $4.5 million in an age and disability discrimination lawsuit. The Grinnell Regional case was one of a trio of million dollar plus verdicts Iowa juries returned in the spring and summer of 2017 in employment discrimination cases. In all three cases, the lion’s share of the damages awarded was attributable to the employee’s emotional distress. …

Iowa Employment Law Blog

Despite Most Headlines, U.S. Supreme Court Decision On Title VII Exhaustion Requirements Likely to Have Limited Application

By Patrick Smith

June 5, 2019

Another excellent post from our colleague Brandon Underwood: A good rule of thumb that trial and appellate lawyers learn early in their careers is that you generally forfeit arguments you don’t make. Suppose that a defendant takes a case to trial and loses, only to realize in briefing its appeal that the plaintiff’s lawsuit was untimely under the statute of limitations. Too bad: the argument is too late, and so the appeals court will…

Iowa Employment Law Blog

Eighth Circuit Jurisdictional Ruling Offers a Lesson in Drafting Arbitration Agreements

By Patrick Smith

May 31, 2019

My Fredrikson & Byron colleague Brandon Underwood is the author of today’s guest-post: On May 31, 2019, in Webb v. Farmers of North America, Inc. (No. 17-3456), the Eighth Circuit dismissed an employer’s appeal challenging how the lower court had read an arbitration agreement. The employer, citing the agreement with its employee, had actually persuaded the lower court to require the employee to arbitrate his case. So why the employer’s appeal? After the district court…

Iowa Employment Law Blog

Eighth Circuit Rules No Retaliation Even Though Hospital Employee Terminated Close in Time to FMLA Usage

By Patrick Smith

May 28, 2019

Sometimes employers become conditioned to believing that an employee who has recently used FMLA leave is effectively immune from discipline or discharge. It is no doubt true this employee presents a heightened litigation risk, but when the adverse action is handled properly the employer can mitigate that risk or at least make the potential claim more defensible. A recent opinion from the Eighth Circuit shows the importance of creating a discipline record that will negate…

Iowa Employment Law Blog

Accommodating Stress: What is an Employer’s Obligation when the Work Environment Triggers an Employee’s Stress Related Disorder?

By Patrick Smith

April 19, 2019

Stress [stres] (noun): a state of mental or emotional strain or tension resulting from adverse or very demanding circumstances. Almost all types of work is stressful at least some of the time. Some jobs are inherently stressful. So, how does an employer navigate an employee’s request for accommodation that is based upon a medical condition, like post-traumatic stress disorder, that often manifests in stressful work situations? A recent ruling from the U.S. Court of Appeals…

Iowa Employment Law Blog

New Jersey Court Rules Employee Fired for Using Medical Marijuana May Sue for Disability Discrimination; What Does this Mean for Iowa Employers?

By Patrick Smith

April 10, 2019

Iowa employers should pay attention to a recent ruling from a New Jersey Appellate Court , Wild v. Carriage Funeral Holdings, Inc. 3/27/2019. The Wild opinion is the most recent case addressing the rights of employees who use medical marijuana. Although the Court was addressing the question under New Jersey law, an Iowa court may it find it persuasive when the issue comes up here, because of important similarities between the Iowa and New…

Iowa Employment Law Blog

Employee’s Bad Behavior May Be Legally Protected

By Patrick Smith

March 28, 2019

Because so few employees are represented by a union (just over 6 percent of private sector employees in the U.S.) most employers don’t have to deal with the National Labor Relations Act (NLRA) on a regular basis, if ever. But, it’s important to remember that employees who are not represented by unions also have NLRA rights, and most employers are also subject to the law. An employer in New York recently found that…

Iowa Employment Law Blog

What is the Department of Labor Trying to Accomplish with Its Recent Opinion Letter on FMLA Leave?

By Patrick Smith

March 20, 2019

On March 14, the Department of Labor issued an opinion letter to answer the following two questions about FMLA leave: 1) may an employer delay designating leave as FMLA covered, even if the leave is for a FMLA qualifying reason, to allow the employee to exhaust paid leave first; 2) may an employer expand an employee’s FMLA leave beyond the statutory 12 week entitlement. In the DOL’s opinion, the answer to both questions is…

Iowa Employment Law Blog

Will the DOL’s Renewed Effort to Increase the Minimum Salary for Exempt Employees Fare Any Better than the Last Time it Tried?

By Patrick Smith

March 12, 2019

In a widely publicized move, the U.S. Department of Labor on March 7 proposed an update to the Fair Labor Standards Act (FLSA) regulations governing employees who are exempt from overtime. The most significant change in the proposal is to raise the minimum salary an employee must earn to qualify as exempt from overtime. The existing minimum salary is $455 per week; the new proposed minimum salary is $679 per week, a 49 percent increase. …

Iowa Employment Law Blog

Employers in Long Term Care Industry Face Enhanced Risk of Employee Harassment Claims Based upon Conduct of Patients

By Patrick Smith

March 7, 2019

Claims of sexual harassment typically involve the behavior of fellow employees. But, an employer’s potential liability for sexual harassment also extends to conduct by a non-employee, such as a customer, client, or patient, that creates a hostile work environment. The principle of employer liability for harassment by a non-employee third-party presents particular challenges to the long term care industry. The problem occurs when the harasser is a resident or patient with dementia or other diminished…

Fredrikson & Byron, P.A.

Iowa Supreme Court Reverses $4.5 Million Verdict in Age and Disability Case on Narrow Grounds, Passing Up the Opportunity to Decide Whether Emotional Distress Award was Excessive

Despite Most Headlines, U.S. Supreme Court Decision On Title VII Exhaustion Requirements Likely to Have Limited Application

Eighth Circuit Jurisdictional Ruling Offers a Lesson in Drafting Arbitration Agreements

Eighth Circuit Rules No Retaliation Even Though Hospital Employee Terminated Close in Time to FMLA Usage

Accommodating Stress: What is an Employer’s Obligation when the Work Environment Triggers an Employee’s Stress Related Disorder?

New Jersey Court Rules Employee Fired for Using Medical Marijuana May Sue for Disability Discrimination; What Does this Mean for Iowa Employers?

Employee’s Bad Behavior May Be Legally Protected

What is the Department of Labor Trying to Accomplish with Its Recent Opinion Letter on FMLA Leave?

Will the DOL’s Renewed Effort to Increase the Minimum Salary for Exempt Employees Fare Any Better than the Last Time it Tried?

Employers in Long Term Care Industry Face Enhanced Risk of Employee Harassment Claims Based upon Conduct of Patients

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